BILL NUMBER: AB 1736	CHAPTERED  09/08/00

	CHAPTER   351
	FILED WITH SECRETARY OF STATE   SEPTEMBER 8, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 7, 2000
	PASSED THE SENATE   AUGUST 18, 2000
	PASSED THE ASSEMBLY   MAY 3, 2000
	AMENDED IN ASSEMBLY   MAY 1, 2000

INTRODUCED BY   Assembly Member Ducheny

                        JANUARY 6, 2000

   An act to add Section 24216.6 to the Education Code, relating to
state teachers' retirement.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1736, Ducheny.  State teachers' retirement:  postretirement
compensation.
   Under existing law, a member retired for service may earn
compensation for creditable service in any one school year up to
$15,000, as adjusted, without a reduction in his or her retirement
allowance.  If a member retired for service earns compensation for
creditable service in excess of that amount, his or her retirement
allowance is reduced by the amount of the excess compensation.
   This bill would provide that the earnings paid to a member who
retired from service on or before July 1, 2000, and who is employed
by a school district to provide direct remedial instruction, as
defined, to pupils in  grades 2 to 12, inclusive, are exempt from the
above provisions if certain other conditions are met.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 24216.6 is added to the Education Code, to
read:
   24216.6.  (a) The compensation earned by a member who retired for
service under this part shall be exempt from subdivisions (d), (f),
and (g) of Section 24214, if all of the following conditions are met:

   (1) The member retired for service with an effective date on or
before July 1, 2000.
   (2) The member retired for service is employed by a school
district to provide direct remedial instruction to pupils in grades 2
to 12, inclusive.  "Remedial instruction" means the programs
specified in Sections 37252 and 37252.5.
   (3) All members retired for service whose employment with a school
district meets the conditions specified in this section shall be
treated as a distinct class of temporary employees within the
existing bargaining unit whose service shall not be included in
computing the service required as a prerequisite to attainment of or
eligibility for classification as a permanent employee of a school
district.  The compensation for service performed by this class of
employees shall be established in accordance with subdivision (b) of
Section 24214 and agreed to in the collective bargaining agreement
between the employing school district and the exclusive
representative for the existing bargaining unit within which these
temporary employees of the school district are treated as a distinct
class.
   (4) The employing school district submits documentation required
by the system to substantiate the eligibility of the temporary
employment of a member retired for service for the exemption under
this subdivision.
   (b) A school district that employs a member retired for service
pursuant to this section shall maintain accurate records of the
retired member's compensation earned and shall report that
compensation monthly to the system regardless of the method of
payment or the source of funds from which the compensation is paid.
   (c) This section shall not apply to the compensation earned for
creditable service performed by a member retired for service for a
county office of education or a community college district.
